Child Custody

refers to the legal right and responsibility to raise a minor child and to make decisions. The parent a child normally lives with, and the one who makes legal decisions concerning the child, is called the custodial parent, usually the mother. Though every state has laws which forbid discrimination based on gender, these are often ignored in the world of family courtrooms across America.

child custody lawsA bill in Utah would amend the state's child custody laws by adding an anti-discrimination clause to the custody statute.

Utah legislators have apparently realized the discrimination faced by men and fathers every day in family law courtrooms must stop and will now to need to make a law over something that should seem so obvious: you can't discriminate against someone based on gender.

international child custodyThe Hague Convention is a treaty between countries that agree to cooperate and abide by one set of laws - the Hague Convention - for the return of children removed from their home country in custody disputes.

The Hague is implemented in the United States, though not every country has joined the Hague Convention. There are several articles of the Hague Convention, but this article only pertains to the procedures and time of the removal.

fathers rights judith sandalowA previous men's rights article discussed a lawsuit filed on behalf of fathers rights after a welfare agency placed children in foster care rather than let them live with their fathers.

Both dads were active, involved fathers who shared child custody with the children's mother. They argued their children should have immediately been sent to live with them after they were removed from their mothers' care because of neglect.

Judith Sandalow, executive director of the Children's Law Center, filed the lawsuit on behalf of the dads whose rights were ignored.

Sandalow (pictured) discussed the lawsuit and the work being done at Children's Law Center with MensRights.com editor Matt Allen.

international child custodyA father from Milwaukee, Wisconsin, has won an international child custody case that could reunite the man with his daughter in time for Christmas, The Associated Press reported.

The young girl is currently living in Japan with her mother, Emiko Inoue, who recently pleaded no contest to interfering with child custody in Milwaukee County Circuit Court and agreed to return Karina Garcia to Wisconsin, according to the news outlet.

Because of Japan's lack of membership in an international compact on child abduction, the girl's return to Wisconsin represents a landmark case for children taken to the Asian nation and returned with legal intervention.

divorce lawyer Daniel ExnerQuestion:

I am interested in learning about men's rights when their wife threatens to move the children to another country.

I am currently married, but our marriage is in a rough patch and my wife has talked about divorce.

She keeps telling me that she is going to take our children back to Italy where she is from and I will never see them again.

I desperately want to try and work things out, but in order to keep my children from being moved out of the country is it necessary to file for divorce?

Wednesday, 19 October 2011 13:22

Study: Presumed Equal Child Custody Works

child custody lawsWhen Denmark passed legislation making equal child custody the default custodial arrangement, it was met with expected controversy and hostility toward men's rights.

Four years later, a study shows that presumed 50-50 child custody arrangements can work with the help of motivated parents, proving this model could exist in the U.S.

The Parental Responsibility Act created the "7/7" solution where children spend alternating weeks with each parent. This is the standard arrangement enforced by the government unless parents agree to a different custody schedule.

The Danish National Centre for Social Research issued a report saying presumed 50-50 custody can work well with co-parenting cooperation in order to provide continuity to a child's life.

fathers rightsTwo dads have filed lawsuits claiming their fathers rights were violated when a child welfare agency put their children in foster care rather than let the kids live with their fathers after the children were removed from their mothers’ care because of neglect.

After the Washington D.C. Child and Family Services Agency (CFSA) removed the children and placed them in foster care, Sam Wilson and Andre Adgerson – who both had joint custody - had to fight for months in order to have their parental rights to their children recognized, according to the Washington Post.

Both dads were active, involved fathers who shared child custody with the children's mother. They argued their children should have immediately been put in their care once their mothers were found neglectful.

But, as frequently happens with dads rights, their parental rights were ignored.

parental kidnappingA Michigan woman who fled the state after refusing to turn over her children to their dad, the custodial parent, has been arrested and charged with two counts of custodial interference a.k.a. parental kidnapping.

This news comes as it’s also being reported that three children kidnapped four years ago by their mother have been located in Mexico and will be reunited with their family.

Friday, 08 July 2011 14:32

How To Fight Parental Alienation

Brian Ludmer parental alienationIf you've been systematically pushed out of your child’s life by a former partner who repeatedly criticizes and deprecates you in front of your child, then you are all too familiar with parental alienation.

When trying to combat parental alienation, heed the advice of family law attorney Brian Ludmer, who has been a featured speaker at the Canadian Symposium for Parental Alienation Syndrome.

Ludmer has developed a legal, psychosocial and practical strategy for managing a parental alienation case. He consults as well in the area of child custody assessments for parents involved in cases with parental alienation syndrome.

Parental alienation occurs when one parent essentially "programs" a child to dislike and even hate the other parent, and according to psychiatrist Richard A. Gardner who first coined the phrase “parental alienation syndrome,” 90% of alienation cases were cases where the mother alienated the father.

Ludmer talked with MensRights.com editor Matt Allen about how to legally respond to parental alienation, what behaviors to avoid as the targeted parent, and how to deal with false allegations. If you are a victim of parental alienation, consult with the divorce lawyers for men at Cordell and Cordell Family Law.

Tuesday, 05 July 2011 15:44

Status Of Men's Rights Bills

The last couple months have featured a variety of states proposing, adopting or rejecting numerous men’s rights bills that primarily addressed outdated alimony and child custody laws.

Some states are clearly moving in the right direction toward promoting father’s rights (Ohio, Oklahoma and Tennessee) while others have stalled (Alabama).

Thanks to our partners at CordellCordell.com, here is a snapshot of the status of some of the more important bills from around the country.

If you know of new legislation that is not mentioned, please let us know by leaving a comment at the end of the article. (You can also read our summaries about the status of shared parenting bills.)

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